TaxTMI 
TaxTMI 
1989 (2) TMI 97
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....ticle 226 of the Constitution of India. The material facts giving rise to this petition, briefly, are as follows: For the assessment year 1981-82, the petitioner-firm had filed a return disclosing income of Rs. 1,25,000. The petitioner-firm had also furnished details of payment of interest and also details of interest received on fixed deposits. The Income-tax Officer framed the assessment by hi....
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....It is, therefore, contended that the petition deserves to be dismissed. Before we proceed to appreciate the contentions urged on behalf of the parties, it will be useful to reproduce the order (annexure R-1) passed by the respondent recording reasons for reopening the assessment. The order is as follows : "During the course of assessment proceedings for the assessment year 1982-83, it has been....
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....and (ii) he must have reason to believe that such escapement is by reason of the omission or failure on the part of the assessee to make a return or to disclose fully and truly all material facts necessary for his assessment for the relevant year. It is also well-settled that the expression "material facts" used in clause (a) of section 147 of the Act refers only to primary facts. Now, in the inst....